Bond Court -> First Appearance Court

January 5, 2024 1:09 am Published by

Some people call it the Safe-T Act, others call it the Safety Act, or the Pretrial Fairness Act. Use whatever name you want but Bond Court is gone. Money can no longer be posted to get defendants out of jail. Now the judge has the option of releasing a person, releasing a person with pretrial conditions like a curfew, releasing a person on sheriff’s electronic monitoring, or keeping a person in jail. Defendants are eligible for release unless one of the following situations is present:
1. The person is charged with forcible felony and poses a real present threat to the community.
2. The person is charged with stalking and poses a real and present threat to the victim of the stalking.
3. The person is charged with a violation of an order of protection and poses a real and present threat to the community.
4. The person is charged with domestic battery and poses a real and present threat to the community.
5. The person is charged with a listed sex offense and poses a real and present threat to the community.
6. The person is charged with a nonprobationable gun offense, firing a gun, residential burglary, threatening a public official and poses a real and present danger to the community.
7. The person is charged with felony animal torture or most felony DUIs and poses a real and present threat to the community
8. People charged with the above who may not be a danger but pose a high likelihood of willful flight.
9. The facts leading to detention must be proved by the state by clear and convincing evidence.


 

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